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New York - 8\25\1938 |
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IV. That the assembly shall consist of at least seventy members, to be annually chosen in the
several
counties, in the proportions following, viz:
For the city and county of New York, nine.
The city and county of Albany, ten.
The county of Dutchess, seven.
The county of Westchester-six.
The county of Ulster, six.
The county of Suffolk, five.
The county of Queens, four.
The county of Orange, four.
The county of Kings, two.
The county of Richmond, two.
Tyron County, six.
Charlotte County, four.
Cumberland County, three.
Gloucester County, two.
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ARTICLE IV
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SECTION 1. Militia officers shall be chosen or appointed as follows:
Captains, subalterns, and non-commissioned officers shall be chosen by the written votes of the
members of their respective companies; field-officers of regiments and separate battalions, by the
written votes of the commissioned officers of the respective regiments and separate battalions ;
brigadier-generals, by the field-officers of their respective brigades; major- generals, brigadier-
generals, and commanding officers of regiments or separate battalions shall appoint the
staff-officers of their respective divisions, brigades, regiments, or separate battalions.
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SEC. 2. The governor shall nominate and, with the consent of the senate, appoint all
major-generals, brigade-inspectors, and chiefs of the staff departments, except the
adjutant-general and commissary-general. The adjutant-general shall be appointed by the
governor.
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SEC. 3. The legislature shall by law direct the time and manner of electing militia
officers, and of certifying their elections to the governor.
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SEC. 4. The commissioned officers of the militia shall be commissioned by the governor,
and no commissioned officer shall be removed from office, unless by the senate on the
recommendation of the governor, stating the grounds on which such removal is recommended,
or by the decision of a court-martial, pursuant to law. The present officers of the militia shall
hold their commission, subject to removal as before provided.
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SEC. 5. In case the mode of election and appointment of militia officers, hereby directed,
shall not be found conducive to the improvement of the militia, the legislature may abolish the
same, and provide by law for their appointment and removal, if two-thirds of the members
present in each house shall concur therein.
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SEC. 6. The secretary of state, comptroller, treasurer, attorney-general, surveyor-general,
and commissary-general shall be appointed as follows: The senate and assembly shall each
openly nominate one person for the said offices respectively; after which they shall meet
together, and if they shall agree in their nominations, the person so nominated shall be appointed
to the office for which he shall be nominated. If they shall disagree, the appointment shall be
made by the joint ballot of the senators and members of assembly. The treasurer shall be chosen
annually. The secretary of state, comptroller, attorney-general, surveyor-general, and
commissary-general shall hold their offices for three years, unless sooner removed by concurrent
resolution of the senate and assembly.
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SEC. 7. The governor shall nominate, by message, in writing, and with the consent of the
senate shall appoint, all judicial officers, except justices of the peace, who shall be appointed in
manner following, that is to say : The board of supervisors in every county in this State shall, at
such times as the legislature may direct, meet together; and they, or a majority of them so
assembled, shall nominate so many persons as shall be equal to the number of justices of the
peace to be appointed in the several towns in the respective counties. And the judges of the
respective county courts, or a majority of them, shall also meet and nominate a like number of
persons; and it shall be the duty of the said board of supervisors and judges of county courts to
compare such nominations, at such time and place as the legislature may direct. And if on such
comparison the said boards of supervisors and judges of county courts shall agree in their
nominations, in all or in part, they shall file a certificate of the nominations in which they shall
agree in the office of tile clerk of the county; and the person or persons named in such certificates
shall be justices of the peace. And in case of disagreement in whole or in part, it shall be the
further duty of the said boards of supervisors and judges respectively to transmit their said
nominations, so far as they disagree in the same, to the governor, who shall select from the said
nominations and appoint so many justices of the peace as shall be requisite to fill the vacancies.
Every person appointed a justice of the peace shall hold his office for four years, unless
removed by the county court, for causes particularly assigned by the judges of the said court. And
no justice of the peace shall be removed until he shall have notice of the charges made against
him, and an opportunity of being heard in his defence.
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(Ratified September 6, 7, 8, 1826)
1. That the people of this State in their several towns shall, at their annual election, and in
such manner as the legislature shall direct, elect by ballot their justices of the peace, and the
justices so elected in any town shall immediately thereafter meet together, and, in presence of the
supervisor and town clerk of the said town, be divided by lot into four classes, of one in each
class, and be numbered one, two three, and four, and the office of number one shall expire at the
end of the first year, of number two at the end of the second year, of number three at the end of
the third year, and of number four at the end of the fourth year, in order that one justice may
thereafter be annually elected, and that so much of the seventh section of the fourth article of the
constitution of this State as is inconsistent with this amendment be abrogated.
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SEC. 8. Sheriffs and clerks of counties, including the register and clerk of the city and
county of New York, shall be chosen by the electors of the respective counties once in every
three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be
ineligible for the next three years after the termination of their offices. They may be required by
law to renew their security from time to time; and in default of giving such new security, their
offices shall be deemed vacant. But the county shall never be made responsible for the acts of the
sheriff; and the governor may remove any such sheriff, clerk, or register at any time within for
which he shall be elected, giving to such sheriff, clerk, or register a copy of the charge against
him, and an opportunity of being heard in his defence, before any removal shall be made.
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SEC. 9. The clerks of courts, except those whose appointment is provided for in the
preceding section, shall be appointed by the courts of which they respectively are clerks; and
district attorneys by the county courts. Clerks of courts and district attorneys shall hold their
offices for three years, unless sooner removed by the courts appointing them.
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SEC. 10. The mayors of all the cities in this State shall be appointed annually, by the
common Councils of the respective cities.
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(Ratified 1833)
IV. At the end of the tenth section of the fourth article of the said constitution add the
following words: "Except in the city of New York, in which city the mayor shall be chosen
annually by the electors thereof qualified to vote for the other charter officers of the said city,
and at the time of the election of such officers."
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(Ratified November, 1839)
VI. Mayors of the several cities in this State may be elected annually by the male inhabitants
entitled to vote for members of the common councils of such cities respectively, in such manner
as the legislature shall by law provide, and the legislature may, from time to time, make such
provision by law for the election of any one or more such mayors; but until such provision be
made by law, such mayors (excepting the mayor of the city of New York) shall be appointed in
the manner now provided by the constitution of this State; and so much of the tenth section of
article fourth of the constitution of this State as is inconsistent with this amendment is hereby
abrogated.
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SEC. 11. So many coroners as the legislature may direct, not exceeding four in each
county, shall be elected in the same manner as sheriffs, and shall hold offices for the same term,
and be removable in like manner.
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SEC. 12. The governor shall nominate and, with the consent of the, senate, appoint
masters and examiners in chancery; who shall hold their offices for three years, unless sooner
removed by the senate, on the recommendation of the governor. The registers and assistant
registers shall be appointed by the chancellor, and hold their offices during his pleasure.
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SEC. 13. The clerk of the court of oyer and terminer, and general sessions of the peace,
in and for the city and county of New York, shall be appointed by the court of general sessions of
the peace in said city, and hold his office during the pleasure of the said court; and such clerks
and other officers of courts, whose appointment is not herein provided for, shall be appointed by
the several courts, or by the governor, with the consent of the senate, as may be directed by law.
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SEC. 14. The special justices, and the assistant justice, and their clerks, in the city of
New, York, shall be appointed by the common council of the said city; and shall hold their
offices for the same, term that the justices of the peace in the other counties of this State hold
their offices, and shall be removable in like manner.
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SEC. 15. All officers heretofore elective by the people shall continue to be elected; and
all other officers whose appointment is not provided for by this constitution, and all officers
whose offices may be hereafter created by law, shall be elected by the people, or appointed, as
may by law be directed.
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SEC. 16. Where the duration of any office is not prescribed by this constitution, it may be
declared by law; and if not so declared, such office shall be held during the pleasure of the
authority making the appointment.
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ARTICLE IV
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SECTION 1. The executive power shall be vested in a Governor, who shall hold his office for
two years: a Lieutenant-Governor shall be chosen at the same time, and for the same term.
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SECT10N 1. The executive power shall be vested in a Governor, who shall hold his office for
three years; a Lieutenant-Governor shall be chosen at the same time, and for the same term. The
Governor and Lieutenant-Governor elected next preceding the time when this section shall take
effect shall hold office during the term for which they were elected.
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SEC. 2. No person, except a citizen of the United States, shall be eligible to the office of
Governor, nor shall any person be eligible to that office, who shall not have attained the age of
thirty years, and who shall not have been five years next preceding his election, a resident within
this State.
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SEC. 2. No person shall be eligible to the office of Governor or Lieutenant-Governor, except a
citizen of the United States, of the age of not less than thirty years, and who shall have been five
years, next preceding his election, a resident of this State.
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SEC. 3. The Governor and Lieutenant-Governor shall be elected at the times and places of
choosing members of the Assembly. The persons respectively having the highest number of
votes
for Governor and Lieutenant-Governor, shall be elected; but in case two or more shall have an
equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses
of the Legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the
said persons so having an equal and the highest number of votes for Governor, or Lieutenant-
Governor.
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SEC. 4. The Governor shall be commander-in-chief of the military and naval forces of the
State. He shall have power to convene the Legislature (or the Senate only) on extraordinary
occasions. He shall communicate by message to the Legislature, at every session, the condition
of
the State, and recommend such matters to them as he shall judge expedient. He shall transact all
necessary business with the officers of government, civil and military. He shall expedite all such
measures, as may be resolved upon by the Legislature, and shall take care that the laws are
faithfully executed. He shall, at stated times, receive for his services a compensation to be
established by law, which shall neither be increased nor diminished after his election and during
his continuance in office.
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SEC. 4. The Governor shall be commander-in-chief of the military and naval forces of the
State. He shall have power to convene the Legislature (or the State only) on extraordinary
occasions. At extraordinary sessions no subject shall be acted upon, except such as the Governor
may recommend for consideration. He shall communicate by message to the Legislature at every
session the condition of the State, and recommend such matters to them as he shall judge
expedient. He shall transact all necessary business with the officers of government, civil and
military. He shall expedite all such measures as may be resolved upon by the Legislature, and
shall take care that the laws are faithfully executed. He shall receive for his services an annual
salary of ten thousand dollars, and there shall be provided for his use a suitable and furnished
executive residence.
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SEC. 5. The Governor shall have the power to grant reprieves, commutations and pardons after
conviction, for all offences except treason and cases of impeachment, upon such conditions, and
with such restrictions and limitations, as he may think proper, subject to such regulation as may
be provided by law relative to the manner of applying for pardons. Upon conviction for treason,
he shall have power to suspend the execution of the sentence, until the case shall be reported to
the Legislature at its next meeting, when the Legislature shall either pardon, or commute the
sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually
communicate to the Legislature each case of reprieve, commutation or pardon granted; stating
the
name of the convict, the crime of which he was convicted, the sentence and its date, and the date
of the commutation, pardon or reprieve.
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SEC. 6. In case of the impeachment of the Governor, or his removal from office, death,
inability to discharge the powers and duties of the said office, resignation or absence from the
State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the
residue of the term, or until the disability shall cease. But when the Governor shall, with the
consent of the Legislature, be out of the State in time of war, at the head of a military force
thereof, he shall continue commander-in-chief of all the military force of the State.
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SEC. 7. The Lieutenant-Governor shall possess the same qualifications of eligibility for office
as the Governor. He shall be President of the Senate, but shall only have a casting vote therein. If
during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached,
displaced, resign, die, or become incapable of performing the duties of his office, or be absent
from the State, the President of the Senate shall act as Governor, until the vacancy be filled, or
the disability shall cease.
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SEC. 8. The Lieutenant- Governor shall, while acting as such, receive a compensation which
shall be fixed by law, and which shall not be increased or diminished during his continuance in
office.
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SEC. 8. The Lieutenant-Governor shall receive for his services an annual salary of five
thousand dollars, and shall not receive or be entitled to any other compensation, fee or perquisite
for any duty or service he may be required to perform by the Constitution or by law.
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SEC. 9. Every bill which shall have passed the Senate and Assembly, shall before it becomes a
law, be presented to the Governor: if he approve, he shall sign it; but if not, he shall return it with
his objections to that house, in which it shall have originated; who shall enter the objections at
large on their journal and proceed to reconsider it. If after such reconsideration, two-thirds of the
members present shall agree to pass the bill, it shall be sent, together with the objections to the
other house, by which it shall likewise be reconsidered; and if approved by two-thirds of all the
members present, it shall become a law, notwithstanding the objections of the Governor. But in
all such cases, the votes of both houses shall be determined by yeas and nays, and the names of
the members voting for and against the bill, shall be entered on the journal of each house
respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted)
after it shall have been presented to him, the same shall be a law, in like manner as if be had
signed it, unless the Legislature shall, by their adjournment, prevent its return; in which case it
shall not be a law.
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SEC. 9. Every bill which shall have passed the Senate and Assembly shall, before it becomes a
law, be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with
his objections to the house in which it shall have originated, which shall enter the objections at
large on the journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of the
members elected to that house shall agree to pass the bill it shall be sent together with the
objections to the other house by which it shall likewise be reconsidered; and if approved by two-
thirds of the members elected to that house, it shall become a law notwithstanding the objections
of the Governor. In all such cases, the votes in both houses shall be determined by yeas and nays,
and the names of the members voting shall be entered on the journal of each house respectively.
If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall
have been presented to, him, the same shall be a law in like manner as if he had signed it, unless
the Legislature shall, by their adjournment, prevent its return in which case it shall not become a
law without the approval of the Governor. No bill shall become a law after the final adjournment
of the Legislature, unless approved by the Governor within thirty days after such adjournment. If
any bill presented to the Governor contains several items of appropriation of money, he may
object to one or more of such items while approving of the other portion of the bill. In such case,
he shall append to the bill, at the time of signing it, a statement of the items to which he objects;
and the appropriation so objected to shall not take effect. If the Legislature be in session, he shall
transmit to the house in which the bill originated a copy of such statement, and the items
objected to shall be separately reconsidered. If, on reconsideration, one or more of such items be
approved by two-thirds of the members elected to each house, the same shall be part of the law,
notwithstanding the objections of the- Governor. All the provisions of this section, in relation to
bills not approved by the Governor, shall apply in cases in which he shall withhold his approval
from any item or items contained in a bill appropriating money.
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ARTICLE 4
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1. The executive power shall be vested in a Governor, who shall hold his office for two years; a
Lieutenant-Governor shall be chosen at the same time, and for the same term. The Governor and
Lieutenant-Governor elected next preceding the time when this section shall take effect, shall
hold office until and including the thirty-first day of December, one thousand eight hundred and
ninety-six, and their successors shall be chosen at the general election in that year.
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Adopted 2, 1937
Art 4 Sec. 1. The executive power shall be vested in the governor, who shall hold his office for
four years; the lieutenant-governor shall be chosen at the same time, and for the same term. The
governor and lieutenant-governor chosen at the general election in nineteen hundred and thirty-
six shall hold office until and including the thirty-first day of December, nineteen hundred and
thirty-eight. Their successors shall be chosen at the general election held in that year and each
fourth year thereafter.
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2. No person shall be eligible to the office of governor or Lieutenant-Governor, except a citizen
of the United States, of the age of not less than thirty years, and who shall have been five years,
next preceding his election, a resident of this State.
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3. The Governor and Lieutenant-Governor shall be elected at the times and places of choosing
members of the Assembly. The persons respectively having the highest number of votes for
Governor and Lieutenant-Governor, shall be elected; but in case two or more shall have an equal
and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the
Legislature, at its next annual session, shall, forthwith, by joint ballot, choose one of the said
persons so having an equal and the highest number of votes for Governor or
Lieutenant-Governor.
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4. The Governor shall be Commander-in-Chief of the military and naval forces of the State. lie
shall have power to convene the Legislature, or the Senate only, on extraordinary occasions. At
extraordinary sessions no subject shall be acted upon, except such as the Governor may
recommend for consideration. He shall communicate by message to the Legislature at every
session the condition of the State, and recommend such matters to it as he shall judge expedient.
He shall transact all necessary business with the officers of government, civil and military. He
shall expedite all such measures as may be resolved upon by the Legislature, and shall take care
that the laws are faithfully executed. He shall receive for his services an annual salary of ten
thousand dollars, and there shall be provided for his use a suitable and furnished executive
residence.
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Adopted Nov. 8 1927
Art 4, Sec. 4. The governor shall be commander-in-chief of the military and naval forces of the
state. He shall have power to convene the legislature, or the senate only, on extraordinary
occasions. At extraordinary sessions no subject shall be acted upon, except such as the governor
may recommend for consideration. He shall communicate by message to the legislature at every
session the condition of the state, and recommend such matters to it as he shall judge expedient.
He shall transact all necessary business with the officers of government, civil and military. He
shall expedite all such measures as may be resolved upon by the legislature, and shall take care
that the laws are faithfully executed. He shall receive for his services an annual salary of twenty-
five thousand dollars, and there shall be provided for his use a suitable and furnished executive
residence.
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5. The Governor shall have the power to grant reprieves, commutations and pardons after
conviction, for all offenses except treason and cases of impeachment, upon such conditions and
with such restrictions and limitations, as he may think proper, subject to such regulations as may
be provided by law relative to the manner of applying for pardons. Upon conviction for treason,
he shall have power to suspend the execution of the sentence, until the case shall be reported to
the Legislature at its next meeting, when the Legislature shall either pardon, or commute the
sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually
communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the
name of the convict, the crime of which he was convicted, the sentence and its date, and the date
of the commutation, pardon or reprieve.
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6. In case of the impeachment of the Governor, or his removal from office, death, inability to
discharge the powers and duties of the said office, resignation or absence from the State, the
powers and duties of the office shall develop upon the Lieutenant-Governor for the residue of the
term, or until the disability shall cease. But when the Governor shall, with the consent of the
Legislature, be out of the State in time of war, at the head of a military force thereof, he shall
continue commander-in-chief of all the military force of the State.
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7. The Lieutenant-Governor shall possess the same qualifications of eligibility for office as the
Governor. He shall be President of the Senate, but shall have only a casting vote therein. If
during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached,
displaced, resign, die, or become incapable of performing the duties of his office, or be absent
from the State, the President of the Senate shall act as Governor until the vacancy be filled or the
disability shall cease; and if the President of the Senate for any of the above causes shalt become
incapable of performing the duties pertaining to the office of Governor, the Speaker of the
Assembly shall act as Governor until the vacancy be filled or the disability shall cease.
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8. The Lieutenant-Governor shall receive for his services an annual salary of five thousand
dollars, and shall not receive or be entitled to any other compensation, fee or perquisite, for any
duty or service he may be required to perform by the Constitution or by law.
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9. Every bill which shall have passed the Senate and Assembly shall, before it becomes a law, be
presented to the Governor; if he approve he shall sign it; but if not, he shall return it with his
objections to the house in which it shall have originated,, which shall enter the objections at large
on the journal, and proceed to reconsider it. if, after such reconsideration, two-thirds of the
members elected to that house shall agree to pass the bill, it shall be sent together with the
objections to the other house by which it shall likewise be reconsidered, and if approved by
two-thirds of the members elected to that house, it shall become a law notwithstanding, the
objections of the Governor. In all such cases, the votes in both houses shall be determined by
yeas and nays, and the names of the members voting shall be entered on the journal of each
house
respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted)
after it shall have been presented to him, the same shall be a law, in like manner as if he had
signed it, unless the Legislature shall, by their adjournment, prevent its return, in which case it
shall not become a law without the approval of the Governor. No bill shall become a law after
the final adjournment of the Legislature, unless approved by the Governor within thirty days
after
such adjournment. If any bill presented to the Governor contain several items of appropriation of
money, he may object to one or more of such items while approving of the other portion of the
bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to
which lie objects; and the appropriation so objected to shall not take effect. If the Legislature be
in session, he shall transmit to the house in which the bill originated a copy of such statement,
and the items objected to shall be separately reconsidered. If, on reconsideration, one or more of
such items be approved by two-thirds of the members elected to each house, the same shall be
part of the law, notwithstanding the objections of the Governor. All the provisions of this section,
in relation to bills not approved by the Governor, shall apply in cases in which he shall withhold
his approval from any item or items contained in a bill appropriating money.
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Article 4.A created by amendment 700 |
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No Section Text |
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[Amendments 700, 39, 40, 41, and 42 create a new Article, 4A; Amendment 700 contains the
text of the entire article]
Adopted Nov. 8, 1927
Art. 4-a, Sec. 1. On or before the fifteenth day of October in the year nineteen hundred and
twenty-eight and in each year thereafter the head of each department of the state government,
except the legislature and judiciary, shall submit to the governor itemized estimates of
appropriations to meet the financial needs of such department, including a statement in detail of
all moneys f or which any general or special appropriation is desired at the ensuing session of the
legislature, classified according to relative importance and in such form and with such
explanation as the governor may require. Copies of such estimates shall be simultaneously
furnished to the designated representatives of the appropriate committees of the legislature for
their information.
The governor, after hearings thereon, at which he may require the attendance of heads of
departments and their subordinates, shall revise-such estimates according to his judgment. The
representatives aforesaid of the committees of the legislature shall be invited to attend such
hearings, and under regulations to be provided by law shall be entitled to make inquiry in respect
to the estimates and the revision thereof.
Itemized estimates of the financial needs of the legislature certified by the presiding officer of
each house and of the judiciary certified by-the comptroller shall be transmitted to the governor
on or before said fifteenth day of October for inclusion in the budget without revision but with
such recommendation as he may think proper.
Art. 4-a, Sec. 2. On or before the fifteenth day of January next succeeding (except in the ease of a
newly elected governor and then on or before the first; day of February) he shall submit to the
legislature a budget containing a complete plan of proposed expenditures and estimated revenues.
It shall contain all the estimates so revised or certified and clearly itemized, and shall be accom-
panied by a bill or bills for all proposed appropriations and reappropriations; it shall show the
estimated revenues for the ensuing f1scal year and the estimated surplus or deficit o r revenues at
the end of the current fiscal year, together with the measures of taxation, if any, which the
governor may propose for the increase of the revenues. It shall be accompanied by a statement .of
current assets, liabilities, reserves and surplus or deficit of the state; statements of the debts and
funds of the state; an estimate of its financial condition as of the beginning and end of the en-
suing f1scal year; and a statement of revenues and expenditures for the two fiscal years next
preceding said year in form suitable for comparison. The governor may before final action by the
legislature thereon, and not more than thirty days after submission thereof, amend or supplement
the budget; he may. also with the consent of the legislature, submit such amendment or a
supplemental bill at any time before the adjournment of the legislature. A copy of the budget and
of any amendments or additions thereto shall be forthwith transmitted by the governor to the
comptroller.
Art. 4-a, Sec. 3. The governor and the heads of departments shall have the right, and it shall be
the duty of the heads of departments when requested by either house of the legislature, to appear
and be heard in respect to the budget during the consideration thereof, and to answer inquiries
relevant thereto. The procedure for such appearance and inquiries shall be provided by law. The
legislature may not alter an appropriation bill submitted by the governor except to strike out or
reduce items therein, but it may add thereto items of appropriation provided that such additions
are stated separately and distinctly from the original items of the bill and refer each to a single
object or purpose; none of the restrictions of this provision, however, shall apply to
appropriations for the legislature or judiciary. Such a bill when passed by both houses shall be a
law immediately without further action by the governor, except that appropriations for the
legislature and judiciary and separate items added to the governor's bills by the legislature shall
be subject to his approval as provided in section nine of article four.
Art. 4-a, Sec. 4. Neither house shall consider further appropriations until the appropriation bills
proposed by the governor shall have been finally acted on by both houses; nor shall such further
appropriations be then made except by separate bills each for a single work or object, which bills
shall be subject to the governor's approval as provided in section nine of article four. Nothing
herein contained shall be construed to prevent the governor from recommending that one or more
of his proposed bills be passed in advance of the others to supply the immediate needs of
government or to meet an emergency.
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No Section Text |
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Adopted Nov. 8, 1927
Art. 4-a, Sec. 1. On or before the fifteenth day of October in the year nineteen hundred and
twenty-eight and in each year thereafter the head of each department of the state government,
except the legislature and judiciary, shall submit to the governor itemized estimates of
appropriations to meet the financial needs of such department, including a statement in detail of
all moneys f or which any general or special appropriation is desired at the ensuing session of the
legislature, classified according to relative importance and in such form and with such
explanation as the governor may require. Copies of such estimates shall be simultaneously
furnished to the designated representatives of the appropriate committees of the legislature for
their information.
The governor, after hearings thereon, at which he may require the attendance of heads of
departments and their subordinates, shall revise-such estimates according to his judgment. The
representatives aforesaid of the committees of the legislature shall be invited to attend such
hearings, and under regulations to be provided by law shall be entitled to make inquiry in respect
to the estimates and the revision thereof.
Itemized estimates of the financial needs of the legislature certified by the presiding officer of
each house and of the judiciary certified by-the comptroller shall be transmitted to the governor
on or before said fifteenth day of October for inclusion in the budget without revision but with
such recommendation as he may think proper.
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Adopted Nov. 8, 1927
Art. 4-a, Sec. 2. On or before the fifteenth day of January next succeeding (except in the ease of a
newly elected governor and then on or before the first; day of February) he shall submit to the
legislature a budget containing a complete plan of proposed expenditures and estimated revenues.
It shall contain all the estimates so revised or certified and clearly itemized, and shall be accom-
panied by a bill or bills for all proposed appropriations and reappropriations; it shall show the
estimated revenues for the ensuing f1scal year and the estimated surplus or deficit o r revenues at
the end of the current fiscal year, together with the measures of taxation, if any, which the
governor may propose for the increase of the revenues. It shall be accompanied by a statement .of
current assets, liabilities, reserves and surplus or deficit of the state; statements of the debts and
funds of the state; an estimate of its financial condition as of the beginning and end of the en-
suing f1scal year; and a statement of revenues and expenditures for the two fiscal years next
preceding said year in form suitable for comparison. The governor may before final action by the
legislature thereon, and not more than thirty days after submission thereof, amend or supplement
the budget; he may. also with the consent of the legislature, submit such amendment or a
supplemental bill at any time before the adjournment of the legislature. A copy of the budget and
of any amendments or additions thereto shall be forthwith transmitted by the governor to the
comptroller.
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Adopted Nov. 8, 1927
Art. 4-a, Sec. 3. The governor and the heads of departments shall have the right, and it shall be
the duty of the heads of departments when requested by either house of the legislature, to appear
and be heard in respect to the budget during the consideration thereof, and to answer inquiries
relevant thereto. The procedure for such appearance and inquiries shall be provided by law. The
legislature may not alter an appropriation bill submitted by the governor except to strike out or
reduce items therein, but it may add thereto items of appropriation provided that such additions
are stated separately and distinctly from the original items of the bill and refer each to a single
object or purpose; none of the restrictions of this provision, however, shall apply to
appropriations for the legislature or judiciary. Such a bill when passed by both houses shall be a
law immediately without further action by the governor, except that appropriations for the
legislature and judiciary and separate items added to the governor's bills by the legislature shall
be subject to his approval as provided in section nine of article four.
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Adopted Nov. 8, 1927
Art. 4-a, Sec. 4. Neither house shall consider further appropriations until the appropriation bills
proposed by the governor shall have been finally acted on by both houses; nor shall such further
appropriations be then made except by separate bills each for a single work or object, which bills
shall be subject to the governor's approval as provided in section nine of article four. Nothing
herein contained shall be construed to prevent the governor from recommending that one or more
of his proposed bills be passed in advance of the others to supply the immediate needs of
government or to meet an emergency.
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ARTICLE IV
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1. The executive power shall be vested in the governor, who shall hold his office for four years;
the
lieutenant-governor shall be chosen at the same time, and for the same term. The governor and
lieutenant-governor shall be chosen at the general election held in the year nineteen hundred
thirty-eight,
each fourth year thereafter. The persons respectively having the highest number of votes for
governor
and lieutenant-governor shall be elected.
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Art. 4, Sec. 1
1. The executive power shall be vested in the governor, who shall hold his office for four years;
the lieutenant-governor shall be chosen at the same time, and for the same term. The governor
and lieutenant-governor shall be chosen at the general election held in the year nineteen hundred
thirty-eight, and each fourth year thereafter. They shall be chosen jointly, by the casting by each
voter of a single vote applicable to both offices, and the legislature by law shall provide for
making such choice in such manner. The respective persons having the highest number of votes
cast jointly for them for governor and lieutenant governor respectively shall be elected.
Amended by November 3, 1953.
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2. No person shall be eligible to the office of governor or lieutenant-governor, except a citizen of
the
United States, of the age of not less than thirty years, and who shall have been five years next
preceding
his election a resident of this state.
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3. The governor shall be commander-in-chief of the military and naval forces of the state. He
shall
have power to convene the legislature, or the senate only, on extraordinary occasions. At
extraordinary
sessions no subject shall be acted upon, except such as the governor may recommend for
consideration. He shall communicate by message to the legislature at every session the condition
of the
state, and recommend such matters to it as he shall judge expedient. He shall expedite all such
measures as may be resolved upon by the legislature, and shall take care that the laws are
faithfully
executed. He shall receive for his services an annual salary of twenty-five thousand dollars, and
there
shall be provided for his use a suitable and furnished executive residence.
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Art. 4, Sec. 3
3. The governor shall be commander- in- chief of the military and naval forces of the state. He
shall have power to convene the legislature, or the senate only, extraordinary occasions. At
extraordinary sessions subject shall be acted upon, except such as the governor may recommend
for consideration. He shall communicate by message to the legislature at every session the
condition of the state, and recommend such matters to it as he shall judge expedient. He shall
expedite all such measures as may be resolved upon by the legislature, and shall take care that the
laws are faithfully executed. He shall receive for his services an annual salary of not more than
fifty thousand dollars, to be fixed by joint resolution of the senate and assembly, and there shall
be provided for his use a suitable and furnished executive residence.
Amended November 3, 1953.
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Art. 4, Sec. 3.
3. The governor shall be commander-in-chief of the military and naval forces of the state. He
shall have
power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary
sessions
no subject shall be acted upon, except such as the governor may recommend for consideration.
He shall
communicate by message to the legislature at every session the condition of the state, and
recommend such
matters to it as he shall judge expedient. He shall expedite all such measures as may be resolved
upon by the
legislature, and shall take care that the laws are faithfully executed. He shall receive for his
services an
annual salary to be fixed by joint resolution of the senate and assembly, and there shall be
provided for his
use a suitable and furnished executive residence.
Amended November 5, 1963.
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3. The governor shall be commander-in-chief of the military and naval forces of the state. He
shall have
power to convene the legislature, or the senate only, on extraordinary occasions. At extraordinary
sessions
convened pursuant to the provisions of this section no subject shall be acted upon, except such as
the
governor may recommend for consideration. He shall communicate by message to the legislature
at every
session the condition of the state, and recommend such matters to it as he shall judge expedient.
He shall
expedite all such measures as may be resolved upon by the legislature, and shall take care that the
laws are
faithfully executed. He shall receive far his services an annual salary to be fixed by joint
resolution of the
senate and assembly, and there shall be provided for his use a suitable and furnished executive
residence.
Amended November 4, 1975.
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4. The governor shall have the power to grant reprieves, commutations and pardons after
conviction,
for all offenses except treason and cases of impeachment, upon such conditions and with such
restrictions and limitations, as he may think proper, subject to such regulations as may be
provided by
law relative to the manner of applying for pardons. Upon conviction for treason, he shall have
power to
suspend the execution of the sentence, until the case shall be reported to the legislature at its next
meeting, when the legislature shall either pardon, or commute the sentence, direct the execution
of the
sentence, or grant a further reprieve. He shall annually communicate to the legislature each case
of
reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he
was
convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.
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5. In case of the impeachment of the governor, or his removal from office, death, inability to
discharge
the powers and duties of the office, resignation, or absence from the state, the powers and duties
of the
office shall devolve upon the lieutenant-governor for the residue of the term, or until the
disability shall
cease. But when e governor shall, with the consent of the legislature, be out of the state, in time
of war,
at the head of a military force thereof, he shall continue commander-in-chief of all the military
force of
the state.
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Art. 4, Sec. 5.
5. In case the person elected governor shall die after his election but before he shall have
qualified as and assumed the office of governor, the powers and duties of the office of governor
shall devolve upon the person elected lieutenant-governor at the same election and he shall serve
as governor for the term for which the deceased governor elect was elected- In case of the
impeachment of the governor, or his removal from office, death, inability to discharge the powers
and duties of the office, resignation or absence from the state, the powers and duties of the office
shall devolve upon the lieutenant-governor for the residue of the term, or until the disability shall
cease. But when the governor shall, with the consent of the legislature, be out of the state, in time
of war, at the head of a military force thereof, he shall continue, commander-in-chief of all the
military force of the state.
Amended November 8, 1949.
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Art. 4, Sec. 5.
5. In case of the removal of the governor from office or of his death or resignation, the
lieutenant-governor
shall become governor for the remainder of the term.
In case the governor-elect shall decline to serve or shall die, the lieutenant-governor-elect
shall become
governor for the full term.
In case the governor is impeached, is absent from the state or is otherwise unable to discharge
the powers
and duties of his office, the lieutenant-governor shall act as governor until the inability shall
cease or until
the term of the governor shall expire.
In case of the failure of the governor-elect to take the oath of office at the commencement of
his term, the
lieutenant-governor-elect shall act as governor until the governor shall take the oath.
Amended November 5, 1963.
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6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the
governor.
He shall be president of the senate, but shall have only a casting vote therein. If the office of
governor
become vacant and there be no lieutenant-governor, such vacancy shall be filled for the
remainder of
the term at the next general election happening not less than three months after such vacancy
occurs;
and in such case, until the vacancy be filled by election, or in case the lieutenant-governor be
under
impeachment or unable to discharge the powers and duties of the office of governor or shall be
absent
from the state, the temporary president of the senate shall act as governor during such inability,
absence
or the pendency of such impeachment. If the temporary president of the senate shall be unable to
discharge the powers and duties of the office of governor or be absent from the state, the speaker
of
the assembly shall act as governor during such inability or absence. The lieutenant-governor
shall
receive for his services an annual salary of ten thousand dollars.
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Article 4, Sec. 6.
6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the
governor. He shall be president of the senate, but shall have only a casting vote therein. The
lieutenant-governor shall receive for his services an annual salary of ten thousand dollars.
If the office of governor become vacant and there be no lieutenant-governor, the offices of
governor and lieutenant-governor shall be filled for the remainder of the terms at the next general
election happening not less than three months after the vacancy in the office of governor occurs.
No election of a lieutenant-governor shall be had in any event except at the time of electing a
governor. Until the vacancies in the offices of the governor and lieutenant-governor be filled by
election, the temporary president of the senate then in office or his successor as such temporary
president shall perform all the duties of lieutenant-governor and shall act as governor.
If the office of lieutenant-governor alone be vacant, or in case the lieutenant-governor be
under impeachment, unable to discharge the powers and duties of the office of governor or shall
be absent from the state, the temporary president of the senate then in office or his successor as
such temporary president shall perform all the duties of lieutenant-governor, including the duty
of acting as governor when necessary, during such vacancy, inability, absence or the pendency of
such impeachment.
If, when the duty of acting as governor devolves upon the temporary president of the
senate, he be unable to discharge the powers and duties of such office or be absent from the state,
the speaker of the assembly shall act as governor during such inability or absence.
Amended November 6, 1945.
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Art. 4, Sec. 6
6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the
governor. He shall be president of the senate, but shall have only a casting vote therein. The
lieutenant-governor shall receive for his services an annual salary of not more than twenty
thousand dollars, to be fixed by joint resolution of the senate and assembly.
If the office of governor become vacant and there be no lieutenant-governor, the offices of
governor and lieutenant-governor shall be filled for the remainder of the terms t the next general
election happening not less than three months after the vacancy in the office of governor occurs.
No election of a lieutenant-governor shall be had in any event except at the time of electing a
governor. Until the vacancies in the offices of the governor and lieutenant be filled by election,
the temporary president of governor the senate then in office or his successor as such temporary
president shall perform all the duties of lieutenant-governor and shall act as governor.
If the office of lieutenant-governor alone be vacant, or in case the lieutenant-governor be
under impeachment, unable to discharge the powers and duties of the office of governor or shall
be absent from the state, the temporary president of the senate then in office or his successor as
such temporary president shall perform all the duties of lieutenant-governor, including the duty
of acting as governor when necessary, during such vacancy, inability, absence or the pendency of
such impeachment.
If, when the duty of acting as governor devolves upon the temporary president of the senate,
he be unable to discharge the powers and duties of such office or be absent from the state, the
speaker of the assembly shall act as governor during, such inability or absence.
Amended November 3, 1953.
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Art. 4, Sec. 6.
6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the
governor. He
shall be the president of the senate but shall have only a casting vote therein. The
lieutenant-governor shall
receive for his services an annual salary to be fixed by joint resolution of the senate and
assembly.
In case of vacancy in the offices of both governor and lieutenant-governor, a governor and
lieutenant-
governor shall be elected for the remainder of the term at the next general election happening not
less than
three months after both offices shall have become vacant. No election of a lieutenant-governor
shall be had
in any event except at the time of electing a governor.
In case of vacancy in the offices of both governor and lieutenant-governor or if both of them
shall be
impeached, absent from the state or otherwise unable to discharge the powers, and duties of the
office of
governor, the temporary president of the senate shall act as governor until the inability shall cease
or until a
governor shall be elected.
In case of vacancy in the office of lieutenant-governor alone, or if the lieutenant-governor
shall be
impeached, absent from the state or otherwise unable to discharge the duties of his office, the
temporary
president of the senate shall perform all the duties of lieutenant-governor during such vacancy or
inability.
If, when the duty of acting as governor devolves upon the temporary president of the senate,
there be a
vacancy in such office or the temporary president of the senate shall be absent from the state or
otherwise
unable to discharge the duties of governor, the speaker of the assembly shall act as governor
during such
vacancy or inability.
The legislature may provide for the devolution of the duty of acting as governor in any case
not provided
for in this article.
Amended November 5, 1963.
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7. Every bill which shall have passed the senate and assembly shall, before it becomes a law, be
presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his
objections
to the house in which it shall have originated, which shall enter the objections at large on the
journal, and
proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that
house
shall agree to pass the bill, it shall be sent together with the objections, to the other house, by
which it
shall likewise be reconsidered; and if approved by two-thirds of the members elected to that
house, it
shall become a law notwithstanding the objections of the governor. In all such cases the votes in
both
houses shall be determined by yeas and nays, and the names of the members voting shall be
entered on
the journal of each house respectively. If any bill shall not be returned by the governor within ten
days
(Sundays excepted) after it shall have been presented to him, the same shall be a law in like
manner as
if he had signed it, unless the legislature shall, by their adjournment, prevent its return, in which
case it
shall not become a law without the approval of the governor. No bill shall become a law after
the final
adjournment of the legislature, unless approved by the governor within thirty days after such
adjournment. If any bill presented to the governor contains several items of appropriation of
money, he
may object to one or more of such items while approving of the other portion of the bill. In such
case
he shall append to the bill, at the time of signing it, a statement of the items to which he objects;
in the
appropriations so objected to shall not take effect. If the legislature be in session, he shall
transmit to
the house in which the bill originated a copy of such statement, and the items objected to shall be
separately reconsidered. If on reconsideration one or more of such items be approved by
two-thirds of
the members elected to each house, the same shall be part of the law, notwithstanding the
objections of
the governor. All the provisions of this section, in relation to bills not approved by the governor,
shall
apply in cases in which he shall withhold his approval from any item or items contained in a bill
appropriating money.
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8. No rule or regulation made by any state department, board, bureau, officer, authority or
commission,
except such as relates to the organization or internal management of a state department, board,
bureau,
authority or commission shall be effective until it is filed in the office of the department of state.
The
legislature shall provide for the speedy publication of such rules and regulations, by appropriate
laws.
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